How is the start date of work calculated in case of disagreement with the employer upong resignation?

Dear.

Determining the start date of work can be proven in many ways.

As for remote work and whether it is considered full or part-time, this depends on the nature of the agreement between the two parties.

In case of disagreement, a complaint is filed with (MOHRE).

Dear Questioner,

Thanks for your inquiry.

Regarding the above, we would like to inform you that, according to UAE labor law, your start date should be counted from the date you started working, which in this case would be April 2023.

Your employer cannot consider your remote work as freelance work unless it is explicitly stated in your contract or offer letter.

If there was no mention of freelance work in your contract, then your employer should calculate your gratuity and annual leave from April 2023.

It is important to review your contract and offer letter to ensure that there is no mention of freelance work.

If your employer still insists on calculating from July, you may need to seek legal advice or file a complaint with the Ministry of Human Resources and Emiratization.

Kindly, feel free to contact us by phone or email for further inquiries.

Greetings,

Greetings.

The employer must calculate from the date of your actual employment or from the date of concluding the contract in the worst-case scenario.

Can you share your employment contract?

For further inquiries about your topic, you can reach our office or contact us on WhatsApp.

Hello,

Dear questioner,

Your annual leave is calculated from the date of concluding the job offer because the job offer is equivalent to a temporary employment contract until the contract is signed.

You must submit a complaint to the Ministry of Human Resources and Emiratization. For further clarification, please share your WhatsApp number.

Dear Questioner,

Thank you for reaching out with your inquiry!

Based on the details you've provided, it appears that your employer is attempting to classify your remote work period as freelance work to minimize their obligations regarding your annual leave and gratuity pay.

However, since you signed an Offer Letter in April 2023 and have been working consistently since then, there is a strong argument that your start date should be counted from April 2023, not July.

The key factors here are:

- Offer Letter and Continuous Employment:

You signed an Offer Letter in April and have been working since then, which typically signifies the start of your employment relationship.

- Employment Visa and Contract:

Although you received your Employment Visa and Contract in July, the prior period should be considered part of your employment if there was no explicit freelance agreement.

Given the circumstances, it is advisable to formally raise this issue with your employer and present your case for the start date to be recognized as April 2023.

If they remain uncooperative, you may need to seek legal assistance to ensure your rights are protected.

I can provide you with detailed advice and representation in this matter.

Please reach out to me through WhatsApp or phone at [------], or email me at [------] to discuss your situation further and explore how we can resolve this issue.